Application of BEFORE THE DEPARTMENT OFTRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. 

## lu;4 JL.~if -b P 1: 

### 3LI

o .~

JET AVIATION FLIGHT SERVICES, INC. DOCKET for a certificate ofpublic convenience and necessity under 

# tJS

# r- 20/

# If~()0

# c; 1 49 U.S.C. 41102 to engage in interstate charter air transportation
MOTION OFJET AVIATioN FLIGHT SEkVICES

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE Communications with respect to this document should be sentto: Valerie Fattoross Sales Contracts Administrator JET AVIATION FLIGHT SERVICES, INC. 112Charles Lindbergh Drive Teterboro, New Jersey 07608 Phone: (201) 462-4066 Fax: (201) 462-4033

June 6, 2014 David C. Agee Amanda E. Tummons HUSCH BLACKWELL LLP 901 St. Louis Street, Suite 1800
. Springfield, MO 65806 Phone: (417) 268-4000 Fax: (4I7) 268-4040 david.agee@huschblackwell.com amanda.tummons@huschblackwell.com Charles D. Nottingham HUSCH BLACKWELL LLP 750 17th Street, NW, Suite 900 Washington, D.C. 20006 Phone: (202) 378-2417 Fax: (202) 378-2319 charles.nottingham@huschblackwell.co m

Notice: Any person who wishes to support or oppose this application must file an answer byJune 13,2014 and serve that answer on allpersons served with this filing.

SPH-2 I06220-6BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Application of JET AVIATION FLIGHT SERVICES, INC. for acertificate ofpublic convenience and necessity under 49 U.S.C. 4II02 to engage in interstate charter air transportation DOCKET

MOTION OFJET AVIATION FLIGHT SERVICES, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE Pursuant to section 302.12 of the Department's Rules of Practice, Jet Aviation Flight Services, Inc. ("JAFS") hereby moves to withhold from public disclosure Exhibits E and R. These documents are being filed with this Motion in a sealed envelope marked "Confidential Materials

- Rule 12 Treatment Requested." In support of this Motion, JAFS submits the following: I. Exhibit E is the Aircraft Dry Lease and Commercial Operations Agreement between JAFS and the beneficial owner ofthe Airbus ACJ 318 (the "ACJ") and Exhibit Risthe Aircraft Services Agreement between JAFS and the beneficial owner ofthe ACJ (Exhibits EandR, collectively, the "Agreements"). 2. The information JAFS seeks to withhold from public disclosure is (I) commercial or financial, (2) obtained from a person outside the government, and (3)privileged or confidential. Moreover, release of this information would cause substantial harm to the competitive position of JAFS and/or the beneficial owner of the ACJ. 3. Both Agreements contain financial and commercial information and were the subject of substantial negotiation between the parties. The agreed upon terms represent abalancing ofinterests between JAFS andthe beneficial owner. These terms do not reflect the terms that JAFS would ordinarily give to another customer. Ifthese terms were to be made publicly available, JAFS would suffer significant commercial harm. Such information could be used by competitors of JAFS to erode JAFS competitive advantage orthe information could beused by future customers ofJAFS against JAFS in future negotiations.

SPH-2106220-6JetAviation Flight Services Motion to Withhold

Page 24. JAFS does not typically release the information contained ill the Agreements to the public. 5. The Department's "Information Packet on How to Become aCertified Air Carrier" provides that confidential treatment will generally be granted to types of agreements that are similar totheAgreements. Therefore, this information should be afforded confidential treatment bythe Department. Submitted by, HUSCH BLACKWELL LLP 

# /3 

# e~ David C. Agee Amanda E. Tumrnons Charles D.Nottingham david.agee@huschblackwell.com amanda.tummons@huschblackwell.com charles .nottingham(a).huschblackwell.com Counsel forJetAviation Flight Services, Inc.
Attachments Certificate ofService Exhibit E

- Aircraft Dry Lease and Commercial Operations Agreement* Exhibit R

- Aircraft Services Agreement* *Exhibits Eand Rare attached to the motion inasealed envelope

SPH.2106220.6CERTIFICATE OF SERVICE

I hereby certifY that I have on this day served the foregoing motion for confidential treatment by first class mail, postage prepaid, upon the persons shown in the following service list.

HUSCR BLACKWELL LLP



# 19

---

# e &----. David C. Agee

June 6, 2014

SERVICE LIST Mark Buttikofer Principal Operations Inspector Federal Aviation Administration Teterboro Flight Standards District Office FAA-EA25 Park 80 West, Plaza One Saddlebook, New Jersey 07763 Telephone: 210-556-6600.

SPH-2\ 06220-6